Heeralal Choudhary vs The State Of Madhya Pradesh
2024 Latest Caselaw 14831 MP

Madhya Pradesh High Court

Heeralal Choudhary vs The State Of Madhya Pradesh on 17 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3741 of 2022 (HEERALAL CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-05-2024 Shri Aditya Khare, learned counsel for the appellants.

Miss Nalini Gurung, learned PL for the State.

Heard on IA N0.27852/2023, an application for suspension of sentence and grant of bail to appellant No.3 Devdas.

A perusal of the impugned judgment reveals that the appellant has been convicted under Section 302/34 of the IPC and has been sentenced to undergo

Life Imprisonment with fine of Rs.5000/- with default stipulation.

Taking this Court to the prosecution story, learned counsel for the appellant submits that on account of Holi festival, a sudden quarrel took place between two groups and cross complaints were registered. In the said free fight, Rai Singh died. Learned counsel for the appellant submits that Neelam Singh (PW-19) has specifically stated that this is Shivpat (Seepat), who has caused injuries to the deceased by means of a lathi and has been enlarged on bail vide order dated 04.08.2023. It is further submitted by the learned counsel for the appellant that appellant is in jail for more than 2 and 1/2 years. Early

hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant be suspended and he be released on bail. Moreso, the incident took place suddenly and without there being any premeditation.

The prayer is opposed by the learned panel lawyer on the basis of written objection.

Considering the fact that no direct evidence is available against the appellant Devdas in causing injuries to the deceased and so also the period of

custody, coupled with the fact that final hearing of this appeal is not possible in near future, and without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No 27852/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the

remaining jail sentence of the appellant No.3 Devdas is hereby suspended and it is directed that he be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Kotma, District-

Anuppur on 17.9.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                             (DWARKA DHISH BANSAL)                              (ACHAL KUMAR PALIWAL)
                                    JUDGE                                               JUDGE

                           Hashmi